The Board of County Commissioners of Brevard County, Florida, met in regular session on May 18, 1999, at 5:30 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Truman Scarborough, Commissioners Randy O'Brien, Nancy Higgs, Sue Carlson and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Reverend Darice K. W. Dawson, Florida Tech Protestant Chaplain.

Commissioner Randy O'Brien led the assembly in the Pledge of Allegiance.

APPROVAL, RE: CHANGE OF TIME FOR PRE-BUDGET WORKSHOP

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to change the time for the Pre-budget Workshop on May 20, 1999 to 3:00 p.m. instead of 1:00 p.m. Motion carried and ordered unanimously.

NEGOTIATION OF FINAL SETTLEMENT, RE: WETLANDS ISSUE

County Attorney Scott Knox stated the County has negotiated a final settlement to the wetlands issue which will be brought to the Board next Tuesday for its consideration.

EXECUTIVE SESSION, RE: DUDA CONDEMNATION CASE

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve scheduling an executive session after the May 25, 1999 Board Meeting concerning the Duda Condemnation Case. Motion carried and ordered unanimously.

DISCUSSION, RE: CONSTRUCTION OF HOTEL AT PORT CANAVERAL

Commissioner O'Brien stated there have been telephone calls to his office concerning a recent article in Florida TODAY regarding the possible construction of a hotel at Port Canaveral; the County's present Contract with Port Canaveral concerning Jetty Park and other lands firmly states it shall remain a park with public access; and requested Chuck Nelson explain the issue to the Board and public.

DISCUSSION, RE: CONSTRUCTION OF HOTEL AT PORT CANAVERAL

Parks and Recreation Director Chuck Nelson advised County staff was surprised to read in the newspaper that the Port was looking at continuing development of the Jetty Park area as it had previously committed to the County; the Port was reviewing the campground layout and expansion; and the Port Authority's direction changed in one of its meetings, and it voted to look at the possibility of construction of a hotel at the site. He stated in 1995 when the County was going through the process of transferring the property back to the Port, the Port committed to the County in the Contract and personally to the Board that it was interested in improving the park and expanding the public usage, and had the resources to do that; and the Board authorized utilization of beach and riverfront property which would support the public access. Mr. Nelson stated County staff is trying to determine what the legal ramifications of that direction are; he was unable to get any further detail, other than staff is studying the proposal; the Contract to terminate clearly says the Port will make improvements and commit to the public usage at least through the year 2015; and he is working with Assistant County Attorney Shannon Wilson to see what the County's legal recourse is, if necessary. Mr. Nelson stated County staff has a major concern that the commitments made to the public and the Board are now going to change; and staff is looking to see where the Port is going to go with this and will continue to monitor the situation.

County Attorney Scott Knox stated his staff will report back to the Board when it has analyzed the issue.

DISCUSSION, RE: ELECTION IN COCOA BEACH

Commissioner Voltz stated there is an election in Cocoa Beach today; and she will be going to the Canvassing Board at 6:30 p.m. and return around 7:30 p.m.

DISCUSSION, RE: TITLE LOAN INTEREST

Commissioner Voltz inquired when is the issue on the title loan interest coming back; with County Attorney Scott Knox responding in July, 1999.

DISCUSSION, RE: SALARIES FOR COUNTY MANAGER AND COUNTY ATTORNEY

Chairman Scarborough stated the Board increased the salaries for the County Manager and County Attorney; the Board wants to have competitive salaries to maintain and keep good people in Brevard County; it does not set the salaries for people other than the County Manager and County Attorney; but if it caps their salaries, it caps everything below them because it is unusual for the County Manager and County Attorney to hire people at higher salaries; and by doing this, it has opened it up for the County to be competitive. He noted some people have asked why it is done for the two positions; it was a cap on the whole capacity of Brevard County to get and keep good personnel; and that was the intent of the Board.

DISCUSSION, RE: SALARIES FOR COUNTY MANAGER AND COUNTY ATTORNEY

Commissioner Voltz stated the Board needs to look at all the issues for County employees; and they are very underpaid compared to the cities. She inquired if the Board wants Frank Abbate to review the salaries; with Chairman Scarborough responding it is within the purview of the County Manager, but by the Board stating it, it is able to put on the record its intent.

RESOLUTION, RE: COMMENDING JOSHUA AARON DEEL

Chairman Scarborough read aloud a resolution recognizing the achievement of Joshua Aaron Deel in receiving the Eagle Scout Award; and presented it to Joshua Deel.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution commending Joshua Aaron Deel for his achievement in receiving the Eagle Scout Award. Motion carried and ordered unanimously.

RESOLUTION, RE: NATIONAL SAFE BOATING WEEK

Commissioner O'Brien read aloud a resolution proclaiming National Safe Boating Week; and presented it to representatives of Flotilla 49.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution supporting the goals of the National Safe Boating Campaign and proclaiming May 22 through 28, 1999, as National Safe Boating Week, to promote the start of the year-round effort toward boating safety. Motion carried and ordered unanimously.

A representative of Flotilla 49 expressed appreciation to the Board for the Resolution; and encouraged those individuals who go boating to wear life jackets and take safe boating courses.

RESOLUTION, RE: RECOGNITION OF RELM COMMUNICATIONS/BK RADIO CONTRIBUTIONS TO ENHANCE PUBLIC SAFETY COMMUNICATIONS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution recognizing and commending Relm Communications/BK Radio for its contributions to enhancement of Public Safety in Brevard County by provision of vital communications services to emergency responders. Motion carried and ordered unanimously.

AMENDMENT NO. 1 TO CONTRACT WITH FLORIDA DEPARTMENT OF REVENUE, RE: REIMBURSEMENT FOR SERVICE OF PROCESS FOR CHILD SUPPORT ENFORCEMENT CASES Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Amendment No. 1 to Contract with Florida Department of Revenue for reimbursement for service of process for child support enforcement cases. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve Bills and Budget Changes, as submitted. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: AUTHORIZE TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS OF 1999A COMPREHENSIVE PLAN AMENDMENT PACKAGE

Chairman Scarborough called for the public hearing to consider authorizing transmittal to Department of Community Affairs (DCA) of the 1999A Comprehensive Plan Amendment package.

Mary Todd, representing Sierra Club Turtle Coast Group, advised of three areas of concern in the Conservation Element update-Indian River Lagoon shoreline buffers, floodplain densities, and aquifer protection; stated each area of concern involves important details that were proposed for deletion from the Comprehensive Plan; and requested the Board keep these details in the Plan and retain the existing Comprehensive Plan language in Surface Water Policy 3.3, Floodplain Protection Policy 4.2, and Aquifer Protection Policy 10.2.

Dolores Kane inquired what is the definition of wetlands.

Assistant County Manager Stephen Peffer stated the County defers to the definition established by the St. Johns River Water Management District; it provides some consistency so the County can assure it is not saying something different from the State agency that does most of the permitting; and it is a complicated definition, but it is intended to be suited for the Florida situation as opposed to a national definition.

Ms. Kane stated it is her understanding if someone digs down 18 inches and there is water for four weeks, it is a wetland; and inquired is it part of the definition.

Debbie Coles, Supervisor in Office of Natural Resources Management, responded it is not in the State definition; and it is a sign of hydrology and a method used to determine wetlands.

PUBLIC HEARING, RE: AUTHORIZE TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS OF 1999A COMPREHENSIVE PLAN AMENDMENT PACKAGE

Ms. Kane stated wetlands must be protected; inquired if there is a puddle that does nothing but breed mosquitoes sometimes, is that something the County should consider to take people's property rights. She noted a lot of people bought property years ago and want to use it; regulations have come into being and they cannot use it; they do not have the time or money to fight the regulations; and she hopes the Board will use common sense in its regulations and Comprehensive Plan.

Commissioner O'Brien requested staff mail Ms. Kane a copy of the definition for wetlands.

County Attorney Scott Knox stated there is a statutory definition of wetlands which does not explain anything except that it has some specific ties to hydrology and saturation of land; what is important is that particular definition references a methodology for determining what a wetland is which has to be adopted by the Legislature; and once the Legislature adopts that methodology for determining wetlands, it is binding on everyone below the Legislature, including the counties, water management districts, etc.

Charles Moehle, President of Modern, Inc., objected to including in Policy 3.3 the additional wording that Brevard County shall prevent negative impacts of development in and adjacent to the Indian River Lagoon; stated it virtually eliminates development and is too restrictive because one cannot do anything without some kind of negative impact; and they have to minimize the negative impacts, but accommodate other laws and rights of people.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to revise language on Page 1, Objective 3.3, to read "Brevard County shall continue to make efforts to prevent negative impacts of development in and adjacent to the Indian River Lagoon and its tributaries designated as Class II Waters, Aquatic Preserves and Outstanding Florida Waters . . ." Motion carried and ordered unanimously.

Mr. Moehle objected to the addition on page 2 as requested by the Sierra Club, which states, "Within the shoreline protection buffer, development shall be limited to those activities outlined in 3.3 (b)"; stated that sentence negates everything the County has allowed; and paragraph (c) states, "For residential lots platted or established by deed on Official Record Books of Brevard County prior to September 8, 1998, an alternative to the 50-foot shoreline buffer protection described above shall be available for those lots which have insufficient lot depth to construct a primary structure or pool with its associated decking and features." He stated when the County allows that, it also provides ultimate safeguards that one has to keep their groundwater runoff from going in; the sentence proposed by the Sierra Club takes away the use of those lots; and it is grossly unfair and unequitable.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to grant additional time for Mr. Moehle to provide comment. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: AUTHORIZE TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS OF 1999A COMPREHENSIVE PLAN AMENDMENT PACKAGE

Mr. Moehle expressed concern including "species of special concern" to what is already covered which is endangered and threatened wildlife on page 7, objective 9; stated almost any species can be put on the list; there are hundreds of species that would get special protection without any valid signs and they should not be part of the Comprehensive Plan; and it is not justified and equitable.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to include language in Objective 9, as follows: "Development projects should avoid adverse impacts to species listed as endangered or threatened."

Commissioner Voltz inquired is it written in the Statute "species of special concern." Commissioner Higgs inquired does 9J5 reference species of special concern; with County Attorney Scott Knox responding he will find out.

Commissioner O'Brien amended his motion to read, "Development projects should try to avoid adverse impacts to species listed as endangered or threatened." The amendment died for lack of a second.

Chairman Scarborough inquired would it be prudent to get more definitive answers on the item before the Board moves forward with it; and inquired if the item can be deferred. Assistant County Manager Peggy Busacca responded there is no problem deferring it.

Commissioner O'Brien withdrew the original motion.

Motion by Commissioner O'Brien, to remove Objective 9 in its entirety. Motion died for lack of a second.

Commissioner Voltz stated Objective 9 needs to be included; with Commissioner O'Brien inquiring is it local control or State control.

Commissioner Higgs requested information from staff concerning the current State position on species of special concern, what species those are, and how the State implements it.

Mike Moehle, President of Citizens for Constitutional Property Rights of Brevard, stated under Florida Statutes and the methodology utilized by St. Johns River Water Management District, property covered by water can be classified as a wetland, even if it has sandy soils; and if the hydrology is there to allow the growth of listed plant species, it is considered a wetland. He stated there is not a shortage of wetlands in Brevard County; and property adjacent to existing

PUBLIC HEARING, RE: AUTHORIZE TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS OF 1999A COMPREHENSIVE PLAN AMENDMENT PACKAGE

infrastructure is not a pristine wetland and should not be regulated to the point where the owner is not allowed to use it.

Jim Egan, representing Marine Resources Council, stated there is a price to pay for every impact to a wetland and buffer area in terms of economics, as well as recreational and environmental impacts; the $700 million resource that is unique to Brevard County and is the most diverse estuary in the entire continent is vital; and the proposed changes remove from the Comprehensive Plan issues that are covered in Ordinances. He noted the perspective the Council has always held is that the Comprehensive Plan is the appropriate place to have these types of protections; buffer protection and protection of the resources specifically as mentioned in the existing language are a better protection of the resources that ultimately will provide for a better future economically, environmentally and recreationally; the Council suggests the County not approve any of the proposed amendments in the package; and it continues to hold to the existing language. Mr. Egan stated a more detailed and precise description of what is being protected and how it is being protected is a better way to go; and it is effective as it currently stands.

Chairman Scarborough stated he asked County staff about removing the redundancy and they indicated there was no problem with keeping the items in the Comprehensive Plan as a practical matter; with Planner Todd Corwin responding that is correct for the particular items they spoke of at the meeting. Chairman Scarborough inquired why were they suggested to be removed.

Assistant County Manager Stephen Peffer stated throughout the re-writes to the Comprehensive Plan, there has been an effort to make the Plan more of a planning document that sets general policy guidelines and to allow the specifics to be written into the Ordinances; County staff has carried that philosophy throughout all of these changes that the Plan would be streamlined and made more of a document that shows the intent; and it would allow the Ordinances to carry that intent into the actual details of how it would provide that protection. He advised all of the areas staff is referring to are in Ordinances; and what it proposed to the Board is to make the Plan more of a guiding document as it already has the protection in the Ordinances.

Commissioner O'Brien stated the Board agreed it wanted the Comprehensive Plan to be a guiding document and not be micro-managed or overindulge itself with repetition of language in other Ordinances and laws; a comprehensive change takes a long time; and if the Plan is a guiding document, it leaves the Board room in other documents to make viable changes the public wants.

Kim Zarillo stated the Comprehensive Plan should provide guidance and be a document that guides the County, but a Plan also should have substance and meaning; there is nothing wrong

PUBLIC HEARING, RE: AUTHORIZE TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS OF 1999A COMPREHENSIVE PLAN AMENDMENT PACKAGE

with the Conservation Element as it is; Page 2, under Energy, Item 3, includes allowing passive energy design features to be incorporated into the buildings; and inquired is it left in the Housing Element. She noted it does not state that in Policy 2.2; it talks about landscaping, but it is not the same thing as passive energy design. She advised Page 3, Paragraph 5, states "The County also supports the Florida Solar Energy Center and Public Information Programs concerning energy conservation utilization of renewable energy sources"; in the Referral Policies, such Center is not included; the public hearing is to consider transmittal of the Comprehensive Plan Conservation Element; and the Board is voting on the whole Element. Ms. Zarillo stated the changes attached to the Agenda Report are minor; and some of these things are not properly referenced.

Chairman Scarborough inquired is this a time sensitive Element; with Assistant County Manager Peggy Busacca responding no. Chairman Scarborough stated there have been a lot of questions raised; it may be wise for the Board to schedule the item in late July, 1999; in the interim, Commissioners can meet with different individuals to get their input with staff; and they can be better prepared.

Ms. Busacca stated there is one amendment that was put in by a private individual; such amendment is related to an RV Park in the north end of the County; and if there is a time sensitive element to the amendment package, it would be that individual rather than the Elements. Chairman Scarborough inquired if the Board can send it forward; with Ms. Busacca responding yes, and staff can put the Elements with the Future Land Use Element (FLUE) which will be later.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Letter to James Stansbury, Community Program Administrator for Department of Community Affairs, for transmittal of the 1999A Comprehensive Plan Amendment Package, as amended; and approve submitting Plan Amendment 99A.2 and the Transportation and Coastal Management Elements, minus the Conservation Element. Motion carried and ordered unanimously.

*Commissioner Voltz' absence was noted at this time to serve on the Election Canvassing Committee.

PUBLIC HEARING, RE: ORDINANCE EXTENDING TEMPORARY MORATORIUM ON ISSUANCE OF DEVELOPMENT PERMITS FOR POWER PLANTS

Chairman Scarborough called for the public hearing to consider ordinance extending temporary moratorium on issuance of development permits for power plants.

PUBLIC HEARING, RE: ORDINANCE EXTENDING TEMPORARY MORATORIUM ON ISSUANCE OF DEVELOPMENT PERMITS FOR POWER PLANTS

Mike Stallings, President of Forest Lakes of Cocoa, advised of his support for the moratorium; stated Oleander has been before the Board before and said it planned to be a good neighbor; but Department of Environmental Protection (DEP) asked Oleander to do an air emission study on its site, and Oleander said no. He expressed concern with the proposed plant affecting property values.

Douglas Sphar stated the County has gone too far with the moratorium to turn back now; and requested the Board extend the moratorium and move forward with crafting the new Land Use Code.

Attorney Leonard Spielvogel, representing Oleander Power Plant, voiced his client's objection to extension of the moratorium; stated he is not aware of the allegations and insinuations Mr. Stallings makes, and he wants to challenge them; his client came to Brevard County, the zoning was there, and his client met the requirements of the County; and the moratorium was imposed. He noted a moratorium should have some basis in public health, safety and welfare; it should not be something that is imposed arbitrarily and discriminately; the DEP has issued its notice of intention to grant his client's construction air permit; Oleander has met the requirements of the public health, safety and welfare considerations; and it is a good and clean industry, and the only way it is going to replace the old types that are detrimental to Brevard County.

Dolores Kane stated the County is going back on printed and past regulations; this is not a good message to send peripheral industries that want to come in here for the space industry; Brevard County used to be 67th out of 67 counties in the State to be the worst County for industry to do business with; and this is not being fair to someone who got their permit.

Kenny Boyd stated he finds it discouraging to hear Brevard County, which is one of the leading areas of technology with Kennedy Space Center, is not looking at protecting its infrastructure; the existing power plants have been here for a long time; in the summertime there are brownouts; the County's population is increasing; and it is going to need new power plants in the future. He inquired how can anyone in the public who uses electricity every day say the County is not going to need a new power plant, and how can they be hypocritical and say they do not want it in Brevard County, but want to have the services.

Commissioner Higgs stated she has never heard the statistic given by Ms. Kane of Brevard County being the 67th County concerning industrial; she would not want it to go unchallenged as a fact; Brevard County has one of the highest industrial rates of employment in the State of Florida; and that is not an accurate statistic she has ever seen documented.

PUBLIC HEARING, RE: ORDINANCE EXTENDING TEMPORARY MORATORIUM ON ISSUANCE OF DEVELOPMENT PERMITS FOR POWER PLANTS

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to adopt Ordinance extending the moratorium on the issuance of development permits for power plants in the unincorporated area of Brevard County; setting forth the purpose for the extension of the temporary moratorium; setting forth the extent of the temporary moratorium; providing for exemptions; providing for extensions and expiration of the temporary moratorium; providing for conflicting provisions; providing for severability; providing for area encompassed; and providing an effective date. Motion carried and ordered unanimously.

DISCUSSION, RE: ACQUISITION OF PROPERTY FOR SHARPES COMMUNITY CENTER

Robert Lewis, Vice President of Cocoa North Civic League, stated the League and community at large appreciate the County's promptness in expediting this matter and thanks it in advance as it anticipates this worthwhile project.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve full funding of $320,000 plus closing costs for the purchase of land for Sharpes Community Center; execute the required Environmental Review documents necessary to release Community Development Block Grant (CDBG) funding for the project once completed; and grant permission to publish the Notice of No Significant Impact on the Environment, Request for Release of Funds, and Statement of Findings and Public Explanation for Wetland Protection on or about May 29, 1999. Motion carried and ordered unanimously.

The meeting recessed at 6:48 p.m. and reconvened at 7:04 p.m.

*County Manager Tom Jenkins' absence was noted at this time and Assistant County Manager Stephen Peffer's presence was noted.

DISCUSSION, RE: MANATEE PROTECTION PLAN

Assistant County Manager Stephen Peffer stated in March, 1999, the Board discussed the Manatee Protection Plan and the ongoing negotiations with Department of Environmental Protection (DEP) as to getting the May, 1997 Plan approved; the Board felt it would be helpful to get direct information from the DEP; and introduced David Arnold, Chief of the Bureau of Protected Species Management with DEP and Terry Callison, a member of Mr. Arnold's staff.

DISCUSSION, RE: MANATEE PROTECTION PLAN

David Arnold, representing DEP, stated he has had the opportunity to speak to the Citizens for Responsible Boating and members of the Save the Manatee Club; there are a number of scientists and officials from other federal regulatory agencies in the audience; and they have participated over the years in collection of data contained in the County's Plan and are here as a show of their support for the effort the Board is undertaking. He noted the memorandum he provided to the Board suggests the County and DEP are very close; he spoke with Kirby Green, Assistant Director of DEP, who indicated complete support if the Board and DEP can reach agreement that approval of a plan would be forthcoming from the Department; DEP Secretary David Strues is interested in manatee protection plans and has expressed his personal interest to him to try to move plans along as a worthwhile activity; and the Governor has also indicated this is an issue that is at the top of his list with environmental protection. Mr. Arnold stated the Department has indicated there are a couple of items that need to be resolved, including speed zone changes requested in the draft plan and how the County is going to assign facilities that relate to boats, such as numbers and densities; and those two issues are the major areas outstanding between DEP and the Board at this time.

Diane Whitley, representing Whitley Marine, provided additional documentation to the Board, including a cover letter dated March 7, 1996 from Kirby Green of DEP to the Chairman of the Board, discussing the Manatee Protection Plan (MPP) marina and boating facility siting plans; stated the letter indicates it is not a requirement for the final MPP to contain a one per 100 limitation on power boat slips; it can be used as a tool; and it has always been DEP's intention to encourage local governments to come up with appropriate manatee protection and boat facility siting measures tailored to their individual county's circumstances. She advised she is in favor of a MPP and conservation of all kinds; but is also in favor of using common sense and recognizing when mass produced items create individual hardships that are not necessary because there are always exceptions. Ms. Whitley requested the Board add language to its marina siting criteria that allows it to provide for exceptions in the County that do not harm the manatee.

Larry Johnston stated he has seen many manatees in his 44 years on the river and has never hurt one; water has been a big part of his life; he loves animals and wildlife; and boaters are not crazed demons searching for a new thrill or a new kill. He noted according to the various manatee studies, 73% of manatee deaths are not human or boater related; and inquired should the County not look to the 73% for guidance on its policies on how to save manatees. He stated everyone wants to save lives and must put a human price on what they want to do; and being a boater should not make them a criminal nor synonymous with an animal hater.

Attorney Leonard Spielvogel, stated he was very negative about the Department of Natural Resources (DNR) and DEP and the people involved with that Department until he met David Arnold and Vivian Garfine; and it gave him a new respect for the organization. He noted unfortunately the people he dealt with over the years and DNR and DEP have now moved into

DISCUSSION, RE: MANATEE PROTECTION PLAN

the Manatee Club; and they are continuing their short-sighted and biased treatment of Brevard County and the State through that organization. He requested the Board adopt the Plan; stated his client, Harbor Town Marina, needs a plan; and recommended the Board not sacrifice the rights of the boaters and marinas in adopting a plan. Attorney Spielvogel stated someone cannot have a commercial marina if they are going to measure the potential of their wet slips by how much frontage they have on the body of water; he does not know if it is in the County's proposal or a policy of the DEP; but if it is, it is unrealistic, restrictive and serves no purpose.

*Commissioner Voltz' presence was noted at this time.

Diane Laurice stated she supports recommendations for the Manatee Protection Plan; and people need to be respective of the waterways and the manatees' home.

Lou Raciti, representing Citizens for Florida Waterways, stated since counting manatees in 1974 until present, this year is the largest manatee count to date according to Dr. Bruce Ackerman from DEP; people are told how Brevard County has the most mortalities in all of the 13 counties for manatees, but they are not told that Brevard has the largest amount of water, so the mortality rate would be higher; the manatee issue has seen the makeup of four different Boards and has come a long way; and to throw it all down the drain would be a travesty. He requested the Board stand firm for the citizens of Brevard; stated the Manatee Protection Plan should be accepted by the DEP as it stands right now; and the Board should send out the message that it will not be bullied into any more changes.

Kelly Haugh, representing Citizens for Florida Waterways, stated she and her husband consider themselves environmentalists and at the same time they are boaters; and they are very concerned with preserving and protecting the environment. She expressed concern that the so-called facts presented by some organizations concerning the Manatee Protection Plan have been blown out of proportion or misrepresented; statistics are easily manipulated to reach whatever conclusion one might want to present; and requested the Board not take special interest groups manipulated statistics for fact, but rather if it has questions, to contact an authority on the subject. Ms. Haugh requested the Board allow Commissioner O'Brien finish his task of working with the DEP to resolve the differences in the Plan; and inquired has anyone done a financial impact study on the Plan. She advised she is not against saving the manatee and enjoys observing the manatee and protecting their environment; at the same time, overregulation of the County's waterways is not necessary; the manatee population has been on a steady rise; adding more regulations will do nothing but shut down the waterways completely to the citizens of Brevard County; and Commissioner O'Brien is doing his best to see to it that the interest of all the people and the manatee are met.

Robert LeCount, representing Citizens for Florida Waterways, stated it takes him more time to go from his house to the locks on the water than it does to drive to Disney World; it is ridiculous; he is against the speed zones that have been placed on the water near his home; and he has put his house on the market. He noted the statistics he has heard do not sound like the manatee population is declining.

DISCUSSION, RE: MANATEE PROTECTION PLAN

Peggy White requested the Board vote for the recommendations of the Save the Manatee Club to provide a strong comprehensive manatee protection plan as everyone will benefit; and stated it should not be a manatee/boater debate.

Gary Haugh, representing Citizens for Florida Waterways, stated much of the water in the Pinellas area has been restricted greatly because of the manatees; it appears that counties have been creating a habitat for the manatees, including power plants with warm water discharge and restricted areas that limit boats going into that area; canals have been dredged and cut which enable the manatee to move around more freely; and the manatee has adapted to these areas and Brevard County is an excellent example of such. He requested the Board stay with the Manatee Protection Plan that has been proposed with little or no changes; such Plan seems to be a fair one; and it should be accepted as it is.

Mary Todd stated she supports the position of the Sierra Club which will be presented by Johna Holloway; and requested the Board address the Lagoon priority projects list, funding of the education coordinator and law enforcement personnel, and monitoring of the Manatee Protection Plan effectiveness by scientific experts. She noted she is not a member of Save the Manatee Club, but has carefully reviewed its recommendation package and is very familiar with the Plan as it now stands; she is convinced that the recommendations of Save the Manatee Club are based on the best available manatee abundance and mortality data; and the recommendation package is a professional product which she hopes the Board will accept in its entirety.

Daniel Dvorak stated the Manatee Protection Plan was a result of meetings and work by a diversified panel; it had boaters and save the manatee people who may or may not be in the Save the Manatee Club; the Plan was presented to the County as a fair Plan; and the Save the Manatee Club went to the State and said it was not a fair Plan after all and it wanted more. He noted Sandra Clinger used to work for the County as its MPP Resource Coordinator and now she works for Save the Manatee Club; and it is being dishonest as there is an insider with inside knowledge now working on one side of the fence. He stated he would like to see a human impact statement and how changes to the Plan are going to affect people; if the manatee coordinator is going to come up with things such as the Swim Low, Sweet Manatee, there should not be a State paid coordinator to sit on that side of the fence; some areas where the slow speed zones are posted are ridiculous and placed with little merit; and the County should not recognize the Save the Manatee Club and involve it in the process because it has been so unforthright in hiring away County staff members and DEP members, and is not very honest.

Commissioner O'Brien requested Mr. Peffer provide clarification concerning Ms. Clinger's employment with Brevard County.

DISCUSSION, RE: MANATEE PROTECTION PLAN

Mr. Peffer stated when Ms. Clinger was first working for Brevard County she was employed through a grant it had with the State; after the grant was over, Ms. Clinger was moved to another permanent position in the Natural Resources Office; she was the Manatee Coordinator for the County and it was her responsibility to help assemble the data; and she also coordinated the meetings of the Committee, but did not vote. He noted it is her prerogative who she wants to work for; she decided she could do a better job for the manatee in a different place and left County employment; and there is no conflict.

Bob Atkins stated he was appointed to the Ad Hoc Committee on February 7, 1996; there have been a lot of man hours put into the Plan; and requested members of the Ad Hoc Committee present in the audience to stand. He stated unless the County asks the DEP to give it goals and objectives that are measurable, it will be here in 2009; he has been here since 1987 doing this and is tired of it; and this issue has to be put to bed.

Viktor Rudnizki stated there are more regulations again and less freedom for boaters; it costs more tax dollars; and there is more control from government. He noted he is also an environmentalist; when he hears of DEP to protect the environment, it does exactly the opposite; and no one can believe the Department.

Jim Valade, representing U.S. Fish and Wildlife Service, stated he was also a member of the Ad Hoc Committee; he has been working on manatee protection planning in Brevard County since the 1980's; in 1993, the Committee began working on a MPP; and it is now 1999 and there is still not a completed plan. He noted unfortunately, manatees continue to be killed in Brevard County in significant numbers; it is still a problem; the Service is encouraged that DEP and the Board are moving forward once again with this process; and encouraged both parties to proceed quickly with a resolution, and offered its assistance in the process.

The meeting recessed at 7:57 p.m. and reconvened at 8:15 p.m.

Barry Clinger showed a video presentation to the Board and audience of a study conducted by the Florida Marine Research Institute on responses of manatees to approaching boats. He stated the study was started in 1993 and is an ongoing study with published results; one of the conclusions of the study is that if manatees are given enough time and availability of deeper water, they will actively avoid boats by turning, going into deep water and diving down; however, if they are caught out on flats and do not have adequate time to respond, they go under where they are and do not attempt any other avoidance. Mr. Clinger stated the level of disturbance of the manatee and their habitat is greater as the speeds of boats increase; and manatees tend to freeze when caught by an approaching vessel in the flats.

DISCUSSION, RE: MANATEE PROTECTION PLAN

Sandra Clinger, representing Save the Manatee Club, stated it is the position of the Club that the present Manatee Protection Plan contains recommendations that are not supported by the data and are not sufficient to address present or future threats to manatees and their habitat in Brevard County; the Plan's recommendations call for reducing or eliminating existing boat speed zones in areas with well-documented manatee abundance and watercraft-related mortalities; and this increases the risk to manatees. She stated Brevard County is the hub of the East Coast manatee population, with both a large year-round and migratory transient manatee population; Brevard has many habitat features attractive to manatees, including seagrass beds, warm water refuges, protected areas such as the North Banana River, and numerous creeks and other back waters that are used for resting, calving, cavorting and other activities; and Brevard County leads all counties in total in watercraft-related manatee deaths, which is partially due to the fact that it has more manatees, and due to other complicating factors, such as the number of boats on waterways, configuration of waterways, and interactions between boats and manatees in conflict areas where risk is higher.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to allow an additional two minutes for Ms. Clinger. Motion carried and ordered; Commissioner O'Brien voted nay.

Ms. Clinger stated manatees also have numerous scars and mutilation injuries from collisions; researchers can actually identify individual manatees based on their scar patterns; and reducing the likelihood of manatee boat collisions is not that complex and can be done by keeping boats traveling at higher rates of speed in channels or deeper water areas, slowing boats down over shallow water areas, like seagrass beds or other areas where manatees are most likely to occur. She provided a list of recommendations from the Club; and requested the Board adopt the Club's recommendations and put in place protection measures needed to protect manatees.

Tommy Seberry stated he is present to speak for the manatees; when he grows up and has children of his own, he would like for them to see manatees swimming in the rivers; and requested the Board help the manatees survive and have a happy future.

Margaret Broussard commended the humanity of the humans who have come out to stand up for the manatees; and requested those present in the audience to stand, and for the Board to weigh their words accordingly.

Robert White stated a strong comprehensive manatee protection plan will protect the manatee, and help protect the Lagoon system and the resources it provides; and urged the Board to consider the recommendations of Save the Manatee Club. He noted the plan should satisfy everyone; and no one is going to suffer from a decent manatee plan.

DISCUSSION, RE: MANATEE PROTECTION PLAN

Johna Holloway, representing the Sierra Club Turtle Coast Group, stated she hopes a true Manatee Protection Plan will be put into effect immediately; and the Group has presented continuously increasing scientific data which supports the need for a stronger Plan and overwhelming information which supports the need for stronger safety for both manatees and people due to the extreme increase in boats and personal watercraft. She noted there is no meat in the current Manatee Protection Plan; the few recommendations provided by Save the Manatee Club put meat back into the Plan; the Board has these recommendations with the supporting information; its action today can and will make a monumental difference for the survival and success of a wonderful species of animals; and it can make a difference in history. Ms. Holloway stated the Sierra Club has reviewed recommendations made by Save the Manatee Club; there is every reason to approve these recommendations; and the Club wholeheartedly supports these recommendations, with added emphasis on the need for habitat protection, using the Indian River Lagoon Conservation Comprehensive Plan, on water enforcement, a viable Countywide water safety education program, and a continued review and ongoing basis of manatee needs. She noted the County must have the laws in effect that will protect the manatees in Brevard County, and adequate funding and enforcement.

Scott Ellis stated what he is given by Save the Manatee Club is 20% of manatee mortality in Brevard County, and inquired how many manatees are in Brevard County and what should be the expected mortality rate. He stated the mortality rate is what is critical, not total mortality; if the County has 800 manatees, at that point it has 33% roughly of all the manatees in Florida; a 20% mortality rate is very good; and the County is way ahead of the rest of the State under those circumstances. He noted if it has 100 manatees in the Summer, it is way behind in mortality rate; and the data is not useful. He stated everyone worked hard on the Manatee Protection Plan; it appears it is close to reaching an agreement; and he does not understand why the whole issue is being opened up again. Mr. Ellis stated the Board is supposed to be meeting with DEP to put out a Manatee Protection Plan and not start the whole process over again; all the scientific issues are not addressed in the Plan; it is a boating restriction plan; and everyone has been through this for five or six years. He requested the Board focus on what DEP has as a conflict, address those issues, and put an end to it.

Tom McGill stated he is disturbed that the DEP has pre-implemented many of the provisions of the Plan, particularly those around his house; they are arbitrary and have significantly decreased his ability to enjoy the waterway; the DEP has caused damages by its pre-implementation against his property of $50,000 to date, and it is increasing; and the Department has arbitrarily and capriciously conspired to implement those pre-implementations that restrict his freedom of actions with no technical economic, financial or safety justifications documented. He noted the DEP has effectively implemented these changes through a flawed eminent domain process; he is prepared to supply the necessary data in court; the DEP has placed the interest of the citizens as secondary to the well-being of the manatees; and requested the Board not review or approve any plan for manatee protection that does not have independent, technical, economic, safety assessments included in its basis.

DISCUSSION, RE: MANATEE PROTECTION PLAN

Jane Provanche stated she is a biologist and has been collecting data for many years; and requested the Board strongly consider those sections that have been outlined by the Save the Manatee Club. She advised she has been looking at manatees for a long time; it is in everyone's best interest to strongly consider this issue and spend time on it; this is critical; and the manatees in Brevard County do not just live here, but live throughout the State of Florida. She noted she would like to say ditto to most of the things the Board has heard predominately from the so-called side of the manatee; there have been a few things on the boating side also that have been important and worth hearing; and the County needs to move on and get this issue resolved.

Jeff Kaercher, representing Citizens for Florida Waterways, stated he was disturbed when almost 200 manatees died on the West Coast of Florida because of red tide; this is over 20 years worth of manatees that might have been killed by boats; the red tide happened in a matter of two weeks; and one of the big stumbling blocks with the DER in the Manatee Protection Plan is to have and restore the 25 m.p.h. channel from S.R. 520 to S.R. 528, except for the S curve in Sykes Creek. He noted it is a very narrow channel; it is imperative to do that; and it is easy to be a member of the Save the Manatee Club if one is not affected by speed zones; everyone needs to be fair and use common sense; and this manatee crisis is about money and power.

Judy Dryja, member of Save the Manatee Club, stated she endorses the recommendations of the Club; she is also a boater and tired of listening to people say the Club is affecting boaters; she is willing to take extra time to get from Point A to Point B to protect the manatees; she wants to enjoy what Brevard County has and keep it for future generations; and it is the Board's job to make sure they can do that as well.

Patti Thompson, staff biologist with Save the Manatee Club and MPP Ad Hoc Committee member, stated if the Committee had taken the recommendations of the staff draft MPP when the process was started six years ago, it would have been happy with that; this whole situation would not have occurred; that did not happen and there is new data on manatees; and there have been approximately 60 more manatees killed by watercraft during the six years this process has taken place. She stated the recommendations from Save the Manatee Club are based on the best science and are the best thing for manatees that use Brevard County waters.

Commissioner Voltz stated Ms. Clinger never came to visit her office; this afternoon at 3:00 the Save the Manatee Club's recommendations were dropped off at her office; but she cannot read that fast.

Laurilee Thompson stated she is present to speak for the manatees and supports them; the boaters were instructing the Board to not listen to the special interest groups, including the Audubon Society and Save the Manatee Club; the boaters are also a special interest group; so perhaps the Board should not listen to them either.

DISCUSSION, RE: MANATEE PROTECTION PLAN

Robin Squires, representing Inland Marina, stated he is on the water every day and sees a lot of manatees; both sides of the issue need to work together to get this problem solved; the channels need to be marked so the boats would not cut across the flats; instead of having a marker every three to four miles, they could be every 200 yards so the boaters could see it in bad weather and stay in the channel; and the manatee would have a chance to get away from the boat. He stated if there were standardized markers, channels and speed zones, everyone would know what is taking place.

George Reynolds, President for Citizens for Florida Waterways, stated the purpose of the meeting is to review the MPP that the Ad Hoc Committee started in 1993; in September, 1996, the Board authorized Office of Natural Resources Management to hold public workshops in the unincorporated areas of Brevard County; the purpose was to present the Board's recommended changes in the draft plan of the MPP; and in January, 1997, the summaries of public comments were received by the Board. He noted due to public comments, the Board authorized staff to transmit recommended changes of the draft to DEP; the municipalities were again contacted by phone and letters; all municipalities agreed with the changes; the MPP was sent to Brevard County by the DEP as a guideline to make it stronger; therefore, this is not a Brevard County Plan. He advised the boating industry in the State of Florida is a $10.3 billion industry; with overregulating the waterways, the Plan, with the additions, could deal a death blow to this industry; inquired how far does Brevard County have to go to meet compliance; and stated it seems to be the Save the Manatee Club's and DEP's Manatee Protection Plan. Mr. Reynolds stated God made man to rule over the animals, not animals to rule over man; and the Plan was a good one to start with.

Wes Hoaglund, representing City of Titusville, stated a Manatee Protection Plan is needed; he spent 2 ? years on the most frustrating, emotional, contentious Committee he has ever served on; it is because there are no good scientific numbers; and the numbers available suggest that the crisis is not the crisis that is eluded to. He noted he does not know why Turnbull Basin is once again being targeted for slow speed as there is not a problem there; and he is very concerned with the elaborate siting criteria. He stated funding Marine Patrol is a State responsibility and should be covered by the citizens of the State of Florida; and it should not be the responsibility of one small group as it serves all interests and everyone should pay.

Harry Fuller, representing Citizens for Florida Waterways, stated he believes David Arnold's data is correct; what is shows is that the death rate of manatees is increasing throughout the State; and Mr. Arnold was excited about the fact that the number of deaths from boating was staying level. He noted the percentage of manatee deaths is decreasing from boats as opposed to the total death rate; there is a lot that can be done if they want to protect the manatee that is not being done, including putting propeller guards on tug boats; no one is requiring the Port to modify its docks to keep the large ocean vessels from crushing manatees between the docks and the boats; and the whole problem is being laid on small boaters. Mr. Fuller suggested the County do what is smart and write the MPP to suit its needs, and send it to the State; and stated in looking at the legalities, he does not believe the State has the right to challenge it under law.

DISCUSSION, RE: MANATEE PROTECTION PLAN

Jeff Pira, representing Citizens for Florida Waterways, stated this issue started in 1987 for the sake of the manatee; however, it has gone far beyond that; David Arnold has stated the DEP is going to use common sense and work with Brevard County; he also stated he wanted the County to come up with the Plan and be responsible for it; and that is what the County wanted to do years ago. Mr. Pira stated he asked Mr. Arnold if the County would have control over the Plan if it adopted it, and Mr. Arnold's response was no; he further asked Mr. Arnold if the County would have the ability to amend any regulation, and he responded no; and he also asked Mr. Arnold if there would be any new regulations put in by DEP after the Plan was approved, and his response was quite possibly. Mr. Pira stated he fails to see what advantage there is after spending all this time and work to approve this Plan; he would like to see a Plan approved in the state it was proposed; if the County takes responsibility of approving the Plan, then it takes the liability of any infractions or responsibilities as a result of approving it; and Brevard County is not mandated to create a Manatee Protection Plan.

Janis Scott, representing Citizens for Florida Waterways, stated she has a social studies textbook from Enterprise Elementary School; there is a whole chapter in it about manatee education; it is disgusting and twists a children's mind with a song entitled "Swim Low, Sweet Manatee"; and it is a good example of what the manatee educator will use to educate children.

Jim Egan, Executive Director of Marine Resources Council, stated the Council has been interested in protecting the Indian River Lagoon and its resources; it recognizes that the manatee is a very important part of that issue; the Council does not have a specific set of criteria that it believes the Plan must have; and there is a common ground. He noted the manatee is a wonderful species; no one wants to see it extinct; the key to coming up with a consensus is education and providing the public with information it can trust; and the MPP is vital.

Jenny McVicker stated she has been a resident of Brevard County since 1959; education is very important; a certified qualified educator should be the paid instructor for the County's schools; they will provide good sound manatee protection and boating safety education; and the County should implement the Indian River Lagoon Comprehensive Conservation Management Plan as part of the MPP to provide overall preservation of the Lagoon. She noted to provide better safety for manatees and people there need to be slower boating speeds throughout the County, especially in areas where manatees are known to congregate and travel; there needs to be stronger habitat protection by restricting location and numbers of marinas and ramps; and there should be more Marine Patrol officers in Brevard County.

Pat Poole, representing Friends of Crane Creek, stated she started in 1993 working with this issue and has been through all of it; and thanked the Board for opening the issue up again so it can get the Plan where it belongs. She noted most of all she is present tonight speaking for the

DISCUSSION, RE: MANATEE PROTECTION PLAN

children of Brevard County; they chose the manatee as their animal; they are counting on the Board to look after it; the County needs to leave a legacy; and the Board needs to take a stand and move forward with the Manatee Protection Plan. She stated there are problems that have to be straightened out and she leaves that to the experts; she does not want the children to live in a generation where all the good things have been lost; and everyone needs to be working together.

Kenny Boyd stated the public is under the impression that Brevard County needs to hurry up and come up with a Manatee Protection Plan, when, in reality, DEP will not relinquish its regulatory authority over the waterways; there is no policy on 1:100 any more; and marina siting has been a litigation nightmare to DEP. He noted the marina siting is arbitrary, capricious and restrictive; and the marinas will not be able to work with it.

Kim Johnson, representing Citizens for Florida Waterways, stated the boaters are being attacked and it is not fair; and inquired why should they pay more to run their boats on the water and get less. He noted the Save the Manatee Club skews the statistics and misrepresents facts; they stated the Plan has been weakened because of Commissioner Voltz' ski zone and Commissioner O'Brien's drag race park; however, what the Club fails to mention is that the Florida Power & Light (FP&L) no entry zone has been enacted, regulating more water; and the Cape Canaveral zone south of S.R. 528 on the east side of the River is now a limited access zone for boats and one has to have an electric trolling motor to go in there. He stated when looking at the total amount of water that is being regulated, the Plan increases the amount of waterway regulated, even with reducing the two speed zones; and it is hard to believe the Club when it gives any facts out because it picks and choose its data to support its operation. Mr. Johnson stated the Club is doing a fine job of keeping the fear alive in the public; the water warm water discharge seems to violate the 1973 amended Federal Endangered Species Act as one is not allowed to interfere with the migratory habits of an endangered species; everyone talks about the warm water habitat that the power plants have created which violates such Act; and inquired why FP&L Company is not being fined every day that they are pumping warm water into the river. He stated there are 30,000 boaters in Brevard County; they do not want more regulations on the waterways when it does not help; and manatee-related boat deaths decreased 25% last year.

Richard Amari, representing Indian Cove Marina, stated he objects to the marina siting provisions of the Manatee Protection Plan as the implications of the regulations will have a direct adverse impact on the value of the marina; he is also here as an individual who spends his relaxation time fishing in the County's waterways; and there is a serious legal deficiency in the Plan the Board is considering adopting concerning the speed zones as they are legally invalid. He noted the County has to determine that manatee sitings are frequent in the area before it can regulate; that is the law; and some of the data received by the Board is flawed and not valid.

DISCUSSION, RE: MANATEE PROTECTION PLAN

Michael Moehle, representing Concerned Citizens for Property Rights, stated the Manatee Protection Plan has a lot of elements to it; however, one essential element is missing which is failure to establish any kind of definite and measurable goals as to when recovery of the manatee is accomplished; and if the goal of the Plan is to have a consistent annual increase in the manatee population, such goal has already been met. He noted the population has been increasing every year for many years now; the FDEP has yet to tell Brevard County how many manatees are enough; and this is an opportunity to establish goals. He stated once the goals of the Plan have been met, deregulation of the waterways should be built into the Plan; the goals need to be simple and not complex; and grants do not need to be awarded to Save the Manatee Club or other environmental organizations to evaluate the success of the Plan.

Charles Moehle, representing Modern, Inc., stated the Manatee Protection Plan is flawed and lacks specific goals and good data, including how to accomplish that; the goal of the Plan is to protect the manatee and its habitat, and it has protected the manatee; the manatee has increased in numbers, but the habitat is decreasing according to the report; and the habitat needs to be protected as much as the manatee does. He noted the third part of the goal was to increase boating safety in Brevard County; the Plan has done very good at approaching that; there needs to be scientific study data to rely on; and the DEP is negligent in not providing the funds or doing the study, and in asking the County to supply Marine Patrol officers.

Sonia Richards stated if the County could get the power plants to do cooling, it would discourage the manatees from gathering in the warm water discharge areas; and requested Brevard County require a rubber guard around all propellers in the waterways. She noted it would cut down on the injuries to manatees; and requested the Board consider the economic impact to those residents who live on waterfront properties.

Matthew Monaghan stated he is an avid fisherman; it does not make sense to have a speed zone extending from shore outward of 3,000 feet of water six inches deep; he has never seen manatees in six inches of water; they prefer the deeper channels; and it would make more sense to regulate the speed from the channels toward shore which would provide the manatees more protection. He noted there needs to be a balance of rights between the manatee versus the community; expressed concerns with economics and the environment; and stated his boat never touches the grass when he is on plane, and only when he slows down for the slow speed zones does he start destroying the environment. Mr. Monaghan stated by having all the slow speed zones, the boating and fishing activity will be concentrated in a few zones that are not regulated; it will have an impact on the environment; and concentrating all the boats and recreation activity in one area is a safety risk.

DISCUSSION, RE: MANATEE PROTECTION PLAN

Ron Pritchard stated Save the Manatee Club's current list of recommendations which it claims as latest scientific data is a great example of junk science; it claims additional speed zones are necessary; that is nonsense as the manatee population in Brevard County has increased 216% since 1994; the County leads the State in manatee population, but proportionately has the lowest mortality; and the boating public should be congratulated.

*County Attorney Scott Knox's absence was noted at this time and Assistant County Attorney Kyle King's presence was noted.

Doug Jaren, representing the marine industry, stated his family has been in the marine business for over 50 years. He inquired is there any scientific data which shows that slow speed zones have decreased manatee mortalities. Mr. David Arnold responded since the zone was put in Sykes Creek, there has not been a watercraft-related manatee mortality; the intent was to put in speed zones where they will make a difference; he wishes he had Statewide information to present to suggest that is the case everywhere, but there is not that shining example every place; and there are still many places where the speed zones are put in and manatees are still hit by watercraft. Mr. Jaren stated he does not know if the County is gaining anything by all the slow speed zones; there is a lot of data, but it does not show that it has made a great deal of difference; and it needs to be reviewed carefully before a decision is made. He noted existing marinas are a good potential for expansion; there need to be sensible ideas and good judgment for marina siting; and requested criteria be put in place that everyone can live with and is manageable.

The meeting recessed at 10:14 p.m. and reconvened at 10:28 p.m.

Commissioner Higgs stated the goal of the Plan is to develop a document that can be implemented that will protect manatees in Brevard County; she is interested in developing a Plan that will work; there were some weaknesses in the 1996 draft from the Ad Hoc Committee that needed to be enhanced; and the Board made amendments to it. She noted the Plan was less acceptable to her than the draft that came out of the Committee; and the Board needs to start with the draft of 1996, make revisions to it, and send it back to DEP for its consideration.

Commissioner O'Brien stated the Board has already done that; that is why it has the Plan of May, 1997; he is very concerned and worried about the plight of the manatee and recognizes they are endangered; the place where most everyone wants to be is where man meets manatee and a good firm solid ground can be found where both species are comfortable or maybe neither is comfortable; and this Manatee Protection Plan does a lot more than simply install

DISCUSSION, RE: MANATEE PROTECTION PLAN

speed zones along the waterways. He noted the Plan also intrudes into the backyards of every property owner along any body of water in Brevard County; it will have a direct effect upon their property; much of the Plan has become, in his opinion, compilation and concentrated disposable criteria that are viewed subjectively rather than objectively; and there is a lack of objective reasoning to support many aspects of the Manatee Protection Plan. He stated there are songs teaching children and many adults misinformation that sways them so easily with unholy and downright deceiving statements; they are included in childrens' textbooks and coloring books; 81% of manatee mortality is caused by something other than boat impact; and bigger government and more regulation are what a very small group of people want; and it is up to the Board to recognize that more regulation is not in the best interest of the citizens of Brevard County and renders no reasonable benefit to the manatee either. Commissioner O'Brien stated manatee mortality by boat impact in Brevard County has decreased, even though there are more boats on the water; the data which supports the County's recommendations is clear and correct that there have been no manatee deaths in the manatee protection zone at Sebastian; this is an example of a present rule placing arbitrary and unwarranted constraints on the people of Brevard County, while lacking scientific basis; and the speed zone should be removed. He noted the simple truth of the matter is that the population of the manatee has increased every year, not decreased; boat impact is not the leading cause of death of the manatees; and it is at the bottom at 19% of reasons for manatee death. He stated the 81% of manatee deaths include the disease spreading among manatees which is similar to the virus that has been known to kill dolphins; and inquired what about the number of pups that die at birth or the number of manatee which get sick and die for other reasons. Commissioner O'Brien noted everyone recognizes the manatee is an endangered species and wants to preserve this mammal; he has a civic duty to the public of Brevard County to protect their rights from being trampled upon and a civic duty to protect the environment; in this Manatee Protection Plan there is no local control, but DEP control; and it is hogwash that Brevard County must submit a Plan. He stated the speed zones have already been established by Executive Order throughout Brevard County; instead of submitting a MPP, all it has to do is continue with its Indian River Lagoon cleanup and use the IRLNEP as a separate plan; and most every aspect of it is inserted in this Plan. He noted the Florida Marine Patrol should be funding additional Marine Patrol officers to enforce the waterways and not Brevard County; he cannot support the Save the Manatee Club's recommendations; and it is time for the Board to take a stand on the side of reason.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve and deliver the Manatee Protection Plan of May, 1997 to the Department of Environmental Protection; and direct staff to continue the process of altering some of the minor parts of the Plan as recommended.

DISCUSSION, RE: MANATEE PROTECTION PLAN

Commissioner Voltz stated the financial impact study and measurable goals are not included; the actual number of manatees is unknown; and inquired is there any data that would allow the Board to get information on how many manatees Brevard County's waterways can actually support.

Mr. Arnold stated the manatees come and go through Brevard County at various intervals throughout the course of the year, so the classical sense of a carrying capacity he does not believe could be determined for manatees in Brevard County; he has never heard any biologist suggest at the State, federal or local levels that they are in danger of exceeding the carrying capacity of manatees in Florida; he would suspect they would testify the same could be true for Brevard, that at this time there are not so many manatees that there is not enough for them to eat in the County; and the number of manatees Brevard County will get before it has that problem is a much more complex question to answer.

Commissioner Voltz inquired who else in Florida has a Manatee Protection Plan; with Mr. Arnold responding Citrus, Dade and Collier Counties. Mr. Arnold stated on its way is the Duval County Plan; and DEP has seen a draft submittal from Volusia County. Commissioner Voltz stated the County expects competent and substantial evidence before it approves a zoning case; she does not believe it has that with the Plan; marking the channels and standardizing the whole thing is a good idea that the County should do; and she supports the use of prop guards. She noted the Board has been through the Manatee Protection Plan line item by line item for hours on end; to go through it again is going to be nonsense; there are people on both sides of the issue; everyone wants to protect the manatee; and inquired at whose expense is it done. She stated she was elected to uphold the Constitution; it basically gives humans rights and they are supposed to protect the manatees; but humans have more rights than the manatees do; and that is the way government has made things, but it does not mean they need to neglect anything.

Discussion ensued concerning seagrass beds, warm water discharge from FP&L Company, financial impact study for the Manatee Protection Plan, habitat protection, Comprehensive Conservation Management Plan, additional Florida Marine Patrol officers, education coordinator, the 1:100 Rule, sovereignty submerged lands, marina and dry storage facilities, powerboats, manatee abundance, manatee mortalities, speed zones, deeper channels and dredging, manatee protection criteria, Florida Inland Navigation District (F.I.N.D.), and the negotiations between Commissioner O'Brien and Mr. Arnold.

Commissioner Carlson stated she cannot support the current motion as the 1997 Plan currently is ambiguous and too weak based on DEP's recommendations; if the Board wants to head toward an even playing ground, it needs to go back to 1996; she does not want to trivialize the process that everybody went through; and the key areas she would like to see go into the 1996 Plan would include education and prevention, law enforcement, boating safety, providing funds to the Sheriff, compromising on speed zones, and an ongoing review by a scientific body to analyze the data.

DISCUSSION, RE: MANATEE PROTECTION PLAN

Commissioner Carlson stated it would have been nice if DEP would have provided the Board with a template including the criteria to go by so it could have filled in the blanks, DEP could have critiqued it, and brought it back to the Board; and she agrees there is some common sense lacking in the whole process. She suggested starting with the 1996 Plan and trying to utilize pieces of everybody's suggestions to see if it will comply with what DEP wants Brevard County to comply with.

Chairman Scarborough recommended Mr. Arnold meet with the Board and decide on a Manatee Protection Plan in workshop in July, 1999; and stated this issue needs to be brought to closure. He inquired if Mr. Arnold has the capacity to do that; with Mr. Arnold responding affirmatively. Chairman Scarborough stated it would serve the community best for everyone to get together; and everybody wins when this issue is resolved.

Commissioner O'Brien stated the Plan as proposed for adoption again tonight has already been approved by the Board; Mr. Arnold has admitted that all of the main elements of the Plan meet with his approval; and if the Board wants to put a closure to it, it can do it right now. Chairman Scarborough noted he does not hear it being closed tonight that way; and he will not support the motion on the floor. Chairman Scarborough stated the workshop would be a meeting where Commissioners would have their questions and issues; and they will go item by item and see where the consensus lies. Commissioner O'Brien stated the Board has already done that. Chairman Scarborough stated with the time lag from when the Board acted on the Plan to where it is today, it is hard to say that is where the Board is now; it started with certain positions and moved positions; it would have been nice if the State would have come back rapidly and said it had problems with these positions; the Board could have discussed the differences; and this is the way the Board needs to proceed now.

Commissioner Carlson requested staff put together a document that consolidates all the opinions to make it a much easier process; with Chairman Scarborough responding that is fine.

Assistant County Manager Stephen Peffer inquired where the starting point will be; with Chairman Scarborough responding he is going to leave it up to the Commissioners. Commissioner O'Brien stated the Board has already met the approval and had the vote; it has gone through the Plan item by item, line by line; Mr. Arnold has agreed to five and a half out of six items in the Plan; everyone wants to get the Plan done; and he is ready to approve it tonight. He noted there are some minor things to be worked out and they can be worked out; the County needs to move forward; the Board does not need to look at it again and again; it is not good government; and the Board already approved the Plan in 1997.

Chairman Scarborough called for a vote on the motion. Motion did not carry; Commissioners O'Brien and Voltz voted aye; and Commissioners Scarborough, Higgs and Carlson voted nay.

DISCUSSION, RE: MANATEE PROTECTION PLAN

Chairman Scarborough passed the gavel to Vice Chairman Higgs.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to direct staff to schedule a workshop in July, 1999 with David Arnold, Florida Department of Environmental Protection (FDEP), concerning the Manatee Protection Plan. Motion carried and ordered; Commissioners O'Brien and Voltz voted nay.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 11:56 p.m.

ATTEST:

TRUMAN SCARBOROUGH, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

SANDY CRAWFORD, CLERK
(S E A L)